TimesLines, Inc v. Facebook, Inc.

Filing 81

DECLARATION of Brendan J. Hughes regarding motion for summary judgment 79 , memorandum 80 (Attachments: # 1 Exhibit 1 - 13, # 2 Exhibit 14 - 17, # 3 Exhibit 18 - 19, # 4 Exhibit 20 - 31, # 5 Exhibit 32 - 35, # 6 Exhibit 36 - 40, # 7 Exhibit 41 - 43, # 8 Exhibit 44 - 46, # 9 Exhibit 47 - 51, # 10 Exhibit 52 - 57, # 11 Exhibit 58 - 59, # 12 Exhibit 60 - 62, # 13 Exhibit 63.1, # 14 Exhibit 63.2, # 15 Exhibit 64 - 71)(Hughes, Brendan)

Exhibit 52

Exhibit 53

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF ILLINOIS

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EASTERN DIVISION

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__________________________
TIMELINES, INC.,

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Plaintiff,
v.

1:11-cv-06867

FACEBOOK, INC.,

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Civil Action No.

Defendant.
__________________________

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DEPOSITION of MASSACHUSETTS INSTITUTE OF TECHNOLOGY,

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DAVID KARGER, Ph.D., Designee

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Cambridge Massachusetts

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September 20, 2012

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Reported by:

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Dana Welch, CSR, RPR, CRR, CLR

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Job No. 53769

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D. KARGER

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visualization framework, the Piggy Bank data

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collection framework, the Solvent data scraper, the

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Fresnel visualization vocabulary, and many others.

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Q.

Just generally, could you describe what

the Timeline project was under the SIMILE program.
A.

Yes.

The Timeline project was a

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JavaScript software library that aimed to make it

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easy, or at least easier, for individuals to create

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timeline visualizations of structured data that

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they owned.

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MR. BADOLATO:

I'd like to enter into the

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record what has previously been marked as Facebook

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Exhibit 3.

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(Exhibit 3, Wayback Machine archive page,
"Timeline", marked for identification.)

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Q.

Let me know when you have that available.

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A.

I have it.

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Q.

Okay.

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Have you seen this document before,

Professor Karger?

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A.

Yes, I have.

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Q.

Is this one of the documents that was

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produced by MIT in response to the document request

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subpoena?

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A.

That's an interesting question.

I don't

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D. KARGER

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think readable -- there's copyright information

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there.

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A.

Yes.

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Q.

And can you make out the dates of the

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copyright?

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A.

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Do you see that?

Yes.

That says 2006 to 2009, which I

suppose we should update.
Q.

So would 2006 be the time when the

Timeline was first developed by the SIMILE program?
A.

Yes.

I believe that's the case.

I can't

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vouch for when David finished some preliminary

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version of the software, but 2006 is certainly the

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time when we created the Timeline landing page and

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started drawing people's attention to it.

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Q.

In that case, would 2006 have been the

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time when MIT first began using the term "Timeline"

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to describe this program?

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A.

In public.

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Q.

Would there have been a time prior to

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that?
A.

Well, prior to -- as I said, I don't

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recall exactly when David began developing the

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Timeline.

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that it's likely that we wouldn't have used the

It may have been in 2005.

But I believe

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D. KARGER
Maker project was?

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A.

The FileMaker project?

That was his;

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I've never seen it.

But FileMaker is a tool, a

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sort of a personal data management tool that let's

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you manage collections of data.

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apparently written a tool that will take a

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collection of data in FileMaker and create the

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Timeline data file and HTML files that are needed

And he has

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to use our Timeline widget for visualizing that

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data.

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Q.

We've seen a number of references to the

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term "Timeline" throughout the various exhibits

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that we've introduced in the record today, so I'm

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going to ask you a series of questions that may

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seem a bit obvious, but I'll ask that you bear with

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me.

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A.

Okay.

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Q.

And answer them to the best of your

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ability.

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A.

Uh-huh.

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Q.

First, why does the program use the term

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"Timeline" to describe this particular widget that

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it develops?

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A.

Because it's displaying a timeline.

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D. KARGER
Q.

Would you agree that use of the term

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"Timeline" readily conveys to a user or potential

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user the nature of this particular widget?

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A.

Yes.

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Q.

Is there another term that could have been

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used to accurately identify or describe this

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widget?

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A.

None comes to mind.

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Q.

So would it be difficult to identify or

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describe this widget if you were prevented from

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using the term "Timeline"?

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A.

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Oh, definitely.
MS. MOORE:

Q.

Object.

If you cannot use the term "Timeline," you

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would not be able to properly convey to potential

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users the purpose of the software, correct?

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MS. MOORE:
A.

Objection to form.

Correct, not without a lot of roundabout

circumlocutions.
Q.

Since the time the SIMILE program began

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using the term "Timeline" to identify this widget,

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has it ever stopped using the term "Timeline" for

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any reason?

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A.

No.

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D. KARGER
Q.

Do you know if MIT or the SIMILE program

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has ever been confused as the source of any product

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or service that is actually offered by Timelines,

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Inc., the plaintiff in this matter?

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A.

Not to my knowledge.

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Q.

Do you know if MIT or the program has ever

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been confused as the source of any products or

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service that is offered by any other company

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offering a timeline product or feature?

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MS. MOORE:

Objection to form.

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A.

Not to my knowledge.

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Q.

Has Timelines, Inc., the plaintiffs in

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this matter, ever asked MIT or the program to cease

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using the term "Timeline" in connection with this

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software?

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A.

Not to my recollection.

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Q.

Has any third-party asked MIT or the

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program to cease using the term "Timeline" in

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connection with this software?

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A.

Not as far as I know.

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Q.

This lawsuit was initiated back in the

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fall of 2011 when Timelines sued Facebook.

Prior

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to that time, was MIT or the SIMILE program aware

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of Timelines, Inc?

Exhibit 54

Exhibit 55

Exhibit 56

Exhibit 57